HomeMy WebLinkAboutresolution.council.030-93
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RESOLUTION NO. 30
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A MAINTENANCE SERVICE AGREEMENT FOR THE WHEELER OPERA
HOUSE BETWEEN ROBERT RIDDLE AND THE CITY OF ASPEN, COLORADO, AI\lD
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a maintenance service
agreement for the Wheeler Opera House between Robert Riddle and the City of Aspen, a true
and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that maintenance service
agreement for the Wheeler Opera house between Robert Riddle and the City of Aspen, a copy
of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager
of the City of Aspen to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
thec:9&. dayof ~. ,1993.
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ohn S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
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WHEELER OPERA HOUSE MAINTENANCE SERVICE AGREEMENT
THIS AGREEMENT made this .1.2.t~ay of April , 1991, by and
between the City of Aspen ("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME:
Robert Riddle Cleaning Service
ADDRESS: 403 Devon Ct. '
Basalt, CO
CONTACT PERSON:
Robert Riddle
PHONE NUHBERS
HOME:
927 4873
\IORK: '927-4873
SOCIAL SECURITY NUMBER OR FEDERAL 1.0. NUMBER:
DESCRIPTION OF SERVICE
Furnish aLL Labor. equipment and suppLies as necessary to oerfonm services specified in attached
user-vice Specificationsll for Uheeler ()pera House and UARA Visitors' Center".
Robert Riddle. however. shall not supply restroom supplies such as paper
towels, toilet tissue~ toilet seat covers, hand soaps~ and deodorants
unless specified~ in which event Robert 'Riddle will arrange to deliver
such supplies and bill customer separately on the Wheeler Opera House's
regular monthly statement.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
COOI1leflCing on cM_~Ml!l1Mk:l\k~;k,.=__~ and shall continue Lntil JJ/;\lNixli.h~~~r
until earlier tenminated by either party in accordance with Section 4 of General Conditions.
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DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
$ 3.491.89 per month. due and oavable by City to Contractor on or before the 10th day of
each foLtowiM month. Periods of less that a full month shall be oro-rated. In the event custoffie!r
requires or requests Robert Riddle to perform services in addition to or
{HffAr~mr- frr.m rho T.Trlrlr dOf;C'ribor1 in Exhibit IlAIIJ ('ystcn,ll9r 3grQg~ to gg
billed for such services in such amount as, may be mutually agreed upon.
**see tollowing page tor section on late charges and fees.
Please invoice usinq City's Purchase Order Number: 300168
AMENDMENTS TO GENERAL CONDITIONS
Contractor shalL comply with all written security orocedures provide to Contractor.
City shall post the emerqency name and ohOf'le nt.rrber of all bui LdinQ mana!=Jement and kev oersonnel
in a conspicuous place in the ianitor closet.
City shall desiQnate in writinq the names of authorized emploYees assiQned to the buildinqs and
their authority to enter the buildinqs after hours.
It is mutually understood and agreed that no person. other than anthorized
Robert Riddle Cleaning Service emulovees. shall np- pp-rmij-ted to enter the
premises during the ueriod that Robert Riddle is pprfnrming sprvir.ps
hereunder. All employees of rl1st.omp-r. ;q'lthori zpn to hI" on tnp prpmi sps,
shall have their own me;:ms of entry. Tn ;qilili ti on rTlstnmpr ronspnts th::lt
Robert Riddle ret;:dn dnpl i (,::Itp kpys for pmprgpTIry ::Inn sllpprvi snry rprpdrp
ments. Robert Riddl e wi 1] pro,,; ill'" C':llstompr TJi th rprt'i fi (';qtps of inSl1r;qnre
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by customer.
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix
"A" and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
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By:
Title:
Approved by the City of AsjJerr
By: ~/. .,.~/ 7zv97 Z" /'}.
epartment Director:
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**Late Charges and Fees. Customer agrees that any payments for services
hereunder not paid within thirty (30) days shall incur, as a late charge,
interest thereon at the rate of l~% per month. In addition, in the event
any action, suit of proceeding is brought by Robert Riddle for failure to
make payments when due, customer agrees to pay reasonable attorney fees
and costs of collection. Customer agrees that Robert Riddle may discon-
tinue any and all services hereunder in the event any statement is
delinquent for thirty (30) days.
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CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated
by reference into Service Agreements entered into between service providers ("Contractor") and
the City of Aspen ("City"). The provisions herein may be interrelated with standard provisions
of the Service Agreement customarily used by the City of Aspen to contract for services. A
change in one document may necessitate a change in the other. '
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
1. Completion. Contractor shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for
the City's approval, a schedule for the performance of Contractor's services which shall be
adjusted as required. This schedule, when approved by the City, shall not, except for reasonable
cause, be altered by the Contractor.
2. Payment. In consideration of the services provided, City shall pay Contractor the
amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices
for services performed. The City shall review such invoices and, if they are considered incorrect
or untimely, the City shall review the matter with Contractor within ten days from receipt ofthe
Contractor's billing. Contractor's invoice shall be for the period ending the last day of each
month and submitted to the City no later than the 5th day of each month.
3. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of
the responsibilities or obligations under this agreement. Contractor shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or
employee of the Contractor to the extent of the subcontract. The City shall not be obligated to
payor be liable for payment of any sums due which may be due to any subcontractor unless
agreed to in writing beforehand by the City.
4. Termination. The Contractor or the City may terminate this Agreement upon thirty
(30) days notice, without specifying the reason therefor, by giving notice, in writing, addressed
to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice if
Contractor fails to comply with the terms and conditions set forth in Sections 1,3,5,6,7,10,
13, 14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement,
City may terminate the Service Agreement with ten (10) days prior notice to cure and failure
by Contractor to so cure.
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No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Contractor shall not be relieved of any liability to the City for damages sustained by the
City by virtue of any breach of this Agreement by the Contractor, and the City may withhold
any payments to the Contractor for the purposes of set-off until such time as the exact amount
of damages due the City from the Contractor may be determined.
5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Contractor, to solicit or secure this contract, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award or
making of this contract. For a breach or violation of this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
6. Equipment. Materials and Supplies. Unless otherwise agreed to by the City,
Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment,
materials, supplies, etc., as necessary for the proper conduct of the services to be provided in
accordance with the Service Agreement.
7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the
services to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Contractor shall be, and shall perform as, an independent
contractor who agrees to use his or her best efforts to provide the said services on behalf of the
City. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. City is interested only in the results obtained under this
contract. The manner and means of conducting the work are under the sole control of
Contractor. None of the benefits provided by City to its employees including, but not limited
to, workers' compensation insurance and unemployment insurance, are available from City to
the employees, agents or servants of Contractor. Contractor shall be solely and entirely
responsible for its acts and for the acts of Contractor~s agents, employees, servants and
subcontractors during the performance of this contract. Contractor shall indemnify City against
all liability and loss in connection with, and shall assume full responsibility for payment of all
federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Contractor and/or Contractor's
employees engaged in the performance of the services agreed to herein.
9. Indemnification. Contractor agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability , claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this Service
Agreement, if sllch injury, loss, or damage is caused in whole or in part by, or is claimed to be
call sed in whole or in part by, the act, omission, error, professional error, mistake, negligence,
or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee,
representative, or agent of the Contractor or of any subcontractor of the Contractor, or which
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arises out of any workmen's compensation claim of any employee of the Contractor or of any
employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle,
respond to, and to provide defense for and defend against, any such liability, claims or demands
at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such
liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses
related thereto, including court costs and attorney fees, whether or not any such liability, claims,
or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment
of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or
in part by the act, omission, or other fault of the City, its officers, or its employees, the City
shall reimburse the Contractor for the portion of the judgment attributable to such act, omission,
or other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to Section 9 above. Such
insurance shall be in addition to any other insurance requirements imposed by the Service
Agreement or by law. The Contractor shall not be relieved of any liability, claims, demands,
or other obligations assumed pursuant to Section 9 above by reason of its failure to procure or
maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance to
cover obligations imposed by applicable laws for any employee engaged in the performance of
work under the Service Agreement, and Employers' Liability insurance with minimum limits of
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-
insured status may be substituted for the Workmen's Compensation requirements of this
paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above
at subsections (a) and (b), or a particular type of coverage, Contractor shall procure and
maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the
minimum insurance coverages referenced in the Service Agreement. All insurance coverages
shall be procured and maintained with forms and insurance acceptable to the City. All coverages
shall be continuously maintained to cover all liability, claims, demands, and other obligations
assumed by the Contractor pursuant to Section 9 above. In the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or carried
by or provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Contractor. No additional insured endorsement to the policies
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Contractor shall be solely responsible for any deductible losses under
any policy required above.
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(e) The certificate of insurance provided by the City shall be completed by the
Contractor's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by
the City prior to commencement of the contract. No other form of certificate shall be used. The
certificate shall identify the Service Agreement and shall provide that the coverages afforded
under the policies shall not be canceled, terminated or materially changed until at least thirty
(30) days prior written notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing. the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may terminate the Service Agreement as provided by Section 4 above, or at
its discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith, and all monies so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive
or intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
11. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City
of Aspen Finance Department and are available to Contractor for inspection during normal
business hours. City makes no representations whatsoever with respect to specific coverages
offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its
membership or participation in CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed
through the mutual efforts of the parties hereto and the parties agree that no construction shall
be made or presumption shall arise for or against either party based on any alleged unequal
status of the parties in the negotiation, review or drafting of the Service Agreement.
13. Certification Regarding: Debarment. Suspension. Ineligibility. and Voluntary
Exclusion. Contractor certifies, by acceptance of the Service Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in any transaction with a Federal or State department
or agency. It further certifies that prior to submitting its Bid that it did include this clause
without modification in all lower tier transactions, solicitations, proposals, contracts. and
subcontracts. In the event that vendor or any lower tier participant was unable to certify to this
statement, an explanation was attached to the Bid and was determined by the City to be
satisfactory to the City.
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14. Warranties Against Continl;!ent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Contractor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Contractor for the purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a gratuity
or any offer of employment in connection with any decision, approval, disapproval, recommen-
dation, preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation, auditing,
or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to this Agreement,
or to any solicitation or proposal therefor.
Contractor represents that no official, officer, employee or representative of the City
during the term of the Service Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other emedies it amy have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to :
1.
2.
Cancel the Service Agreement without any liability by the City;
Debar or suspend the offending parties from being a Contractor, vendor,
or sub-contractor under City contracts;
Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Contractor; and
Recover such value from the offending parties.
3.
4.
15. Termination for Default or for Convenience of City. The services contemplated by
the Service Agreement may be canceled by the City prior to acceptance by the City whenever
for any reason and in its sole discretion the City shall determine that such cancellation is in its
best interests and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If the Service Agreement contemplates the City utilizing state or federal funds
to meet its obligations herein, the Service Agreement shall be contingent upon the availability
of those funds for payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount
of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the
City Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed
by certified mail, return receipt requested to the respective person or address listed for the
Contractor in the Service Agreement.
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19. Non-Discrimination: oenalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Contractor agrees to meet all of the requirements of City's municipal code, Section
13-98, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, the Service Agreement shall be subject to the
City of Aspen Procurement Code, Chapter 3 of the Aspen Municipal Code.
21. Compliance With All Laws and Regulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses
and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon
persons engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant,
or condition of the Service Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver
of any term, covenant, or condition to be performed by Contractor to which the same may apply
and, until complete performance by Contractor of said term, covenant or condition, the City
shall be entitled to invoke any remedy available to it under the Service Agreement or by law
despite any such forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be binding
upon all parties hereto and their respective heirs, executors, administrators, successors, and
assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall
not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or
a duly authorized official in his or her absence).
24. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully
executed by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid,
illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this Ilnderstanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon
a writing signed by the parties.
(d) The Service Agreyment shall be governed by the laws of the State of
Colorado as from time to time in effect.
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SERVICE SPECIFICATIONS
Contractor shall perform in a good and wor]cmanlike manner,
those maintenance services described below:
LOCATION:
Wheeler Opera House
SERVICES TO BE PERFORMED
BETWEEN HOURS OF:
Midnight and 8:00 a.m.
AREA TO BE SERVICED
INCLUDES:
Entire area of the Wheeler Opera House
including entire general office' area,
kitchen and eight (8) restrooms.
CLEANING SERVICE SHALL INCLUDE:
1. Empty and clean ash trays, waste baskets and other
waste containers inserting liners as required.
2. Sweep and/or dust mop floors, including halls and
stairways.
3.
Dust bannisters and hand rails.
4. Dust and clean level surfaces. Vacuum rugs and carpet-
ing -- including all offices
5. Damp mop hard floors.
6. Machine polish hard floors that are finished via spray
buff method.
7. Thoroughly clean all urinals, toilets and lavatories
with solution containing an approved disinfectant.
Damp mop lavatory room floor areas as required. Clean
mirrors and bright metal. Refill soap, towel and
tissue containers and refill urinal deodorants and
screens. Such supplies to be furnished by customer.
8. Clean lobby entrance and entrance glass.
9. Clean drinking fountains.
10. Remove and deposit trash in designated containers.
11. Sweep entrance sidewalks. Hose entrance sidewalks.
12. Maintain janitor closet, clean and orderly.
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13. To eliminate fire hazard, dust cloths and floor sweep-
ing cloths shall be stored in metal containers fur-
nished by Contractor.
14. Leave notice advising of any irregularities noted
during servicing (i.e., defective plumbing fixtures,
doors left unlocked, lights left burning, shortages of
restroom supplies, lights, drinking cups, etc.).
15. Turn off all lights except those required to be left
on. Close windows and lock all entrance doors.
16.
17.
18.
19.
20.
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22.
23.
spot check auditorium seats; vacuum and/or remove gum.
Clean dressing rooms, both levels, including chairs,
counters and mirrors.
Remove debris from window wells and sills.
Dust partitions, ledges and low mouldings, high and low
sills and window casings.
spot clean walls and woodwork to remove fingermarks and
stains.
Remove all floor mats and clean.
Wash exterior of water coolers and all vending
machines.
Clean and polish bright metal, including entrance
doors, kick and push plates and all railings in audito-
rium.
24. Clean office windows, in and out.
25. Clean all windows, in and out.
26.
27.
28.
29.
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Vacuum upholstered furniture (auditorium seats) and
dressing room and Green Room furniture.
Dust ventilator ducts and vacuum surrounding ceiling
areas.
Wash partitions and all ceramic tile wall areas in
lavatory rooms.
Wash overhead lighting fixtures and lighting glass.
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30.
Clean and polish tops and fronts of counters in visi-
tor's and Ticket Office.
31. Vacuum pit partitions and floor when open.
32. Damp mop pit floor when clear.
33. Pressure wash canopies and building exterior at ground
level.
34. Clean third floor windows (billed extra on call).
35. Clean picture frames and wash glass.
EXTRA CLEANING SERVICE:
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1. Machine shampoo carpeted areas and upholstered furni-
ture. (Billed extra.)
3